Leniency policy

In cartel cases the ex officio
starting of proceedings may be preceded by a leniency application. The leniency
policy, which was announced by a notice issued by the President of the
Hungarian Competition Authority, together with the Chair of the Competition
Council of the Authority, makes it possible for undertakings participating in
a
cartel but actively assisting in its detection to get, under well-defined
conditions, immunity from, or a reduction in the amount of, the fine which
would otherwise be imposed on them, as the public interest in ensuring that
secret cartels should be detected and eliminated outweighs the public interest
in fining the undertakings that participate in those cartels. The leniency
policy is based on the assumption that certain undertakings involved in secret
agreements would be willing to put an end to their participation and provide
information about the existence of the cartel and its operation but they are
afraid of the penalties, which would be imposed on them as sanctions for their
practices. The application of the leniency policy can be initiated by the
submission of an application for leniency.

From 1 July 2014 it is not
required by law to use the form for lodging a leniency application. The most
essential requirements of leniency applications are stipulated by Article 78/B
of the Competition Act.